I
Want to Know if I Can Take this Job without Affecting the
Pending Green Card Process

Dr. William:

I filed my I-140 EB1-Outstanding Researcher application several months ago
and got it approved. Since it is an employer sponsored application, I have not
changed my job during the I-485 pending period. Now, I have an opportunity to
change my job to another larger company as a manager for a group. This is a kind
of management job position, I want to know if I can take this job without
affecting
the pending green card process.

Answer:

Based
on AC-21 portability of
the approved I-140 petition, if the 180 days have passed after filing of the
I-485 application and the I-140 petition has also been approved, you are
permitted to change job in a "same or similar" occupational
classification.

There is no clear
definition from USCIS what is the exact meaning of the "same or
similar" occupational classification.
Generally,
the
new job title should be "same or similar" to the current job title
to consider the the job portability. Also, the new job should fall within the
same or similar occupational classification defined
by U.S. Department of Labor's Dictionary of Occupational Title codes. If
the new job is a management position, it is usually considered as a different
occupational classification from a researcher's position.